a. Responsibility for costs: Any act that a party is required to perform under this Subchapter shall be performed at that party's cost, unless expressly provided for otherwise in this Subchapter.
b. Construction procedures and placement of facilities; obligation to minimize interference with the right-of-way:
i. All activities in the right-of-way that are subject to this Subchapter shall be performed in compliance with all applicable laws, ordinances and departmental rules and regulations. Each party subject to this Subchapter shall obtain all other necessary permits, licenses and authority and pay all fees required by this Subchapter or other applicable rules, laws or regulations.
ii. The City may require that facilities be installed at a particular time, at a specific place or location or in a particular manner as a condition of access to a particular right- of-way; may deny access if a party is not willing to comply with the City's reasonable requirements; and may remove, or require removal of, any facility that is not installed in compliance with the requirements of this Subchapter and charge that party for all the costs associated with removal. The criteria to be utilized in making determinations regarding installation, relocation or removal of facilities are contained in Subsection 21-4.15 hereinbelow. Regardless of any other criteria, in the event the placement or location of a facility in a particular area of the right-of-way would constitute a public safety concern, the City Engineer may deny the placement of that facility in that area or order its relocation or removal.
iii. In order to minimize interference with the use of the right-of-way by others, each party subject to this Subchapter shall make reasonable efforts to minimize the number of surface cuts made, shall make reasonable efforts to coordinate such surface cuts with the City's paving schedule, and, if appropriate, shall enter into joint trenching and other arrangements with other parties.
iv. Any right-of-way or public property that is disturbed or damaged during the construction, excavation, installation, operation, maintenance or repair of a facility shall be repaired within ten (10) calendar days of the completion of those activities which caused the disturbance or damage by the party that disturbed or damaged the right-of-way or public property. This time may be extended by the City Engineer upon demonstration of reasonable cause by the subject party. In all cases, the party will be required to keep the right-of-way in a passable condition until the disturbance or damage is repaired as approved by the City Engineer.
v. Parties subject to this Subchapter shall make every reasonable effort to stack or bundle conduit where feasible so as to occupy as little space as possible in the right-of- way. Installation shall be consistent with state law, or in the absence of state law, the current edition of the National Electrical Safety Code.
vi. The minimum clearance of wires and cables above the right-of-way and the placement of underground facilities shall conform to the standards established by state law, or in the absence of state law, the current edition of the National Electrical Safety Code, whichever is more stringent.
vii. The City may require parties subject to this Subchapter to plant shrubs or other plantings around facilities and maintain the shrubs or other plantings.
c. Duty to maintain all property in right-of-way. All parties subject to this Subchapter shall maintain all of their facilities located in the right-of-way in a manner that promotes the public safety. By way of example, but not limitation, all facilities, including but not limited to poles and manholes, shall be maintained in a safe condition at all times. In the event any facility in the right-of-way is endangering the public safety, the party responsible for such facility shall take steps to rectify the situation immediately.
d. Street trees. The removal or trimming of existing trees in the right-of-way shall require the written consent of the City and shall comply with all City ordinances and regulations.
e. Standards. All parties subject to this Subchapter shall at all times use ordinary care and shall install and maintain in use commonly accepted methods and devices and utilize due diligence in performing any installation, construction, maintenance or other work in the right-of-way.
f. Relocation or removal. Pursuant to Subsection 21-4.15 of the City Code of Ordinances and consistent with the procedures and criteria contained therein, all parties subject to this Subchapter shall, upon the provision of reasonable written notice of, and at the direction of the City Engineer, promptly relocate or remove facilities or rearrange aerial facilities, if required by state or federal law, a franchise agreement with the City or the City Engineer in exercising his/her authority under Subsection 21-4.15.
g. Other requirements specific to permittees. In addition to the other requirements set forth herein, each permittee shall use its best efforts to:
i. Cooperate with other permittees and the City for the best, most efficient, most aesthetic and least obtrusive use of the right-of-way, consistent with safety, and to minimize traffic and other disruptions including surface cuts;
ii. Participate in such joint planning, construction and advance notification of right-of-way work, including coordination and consolidation of surface cut work;
iii. Cooperate with the City regarding safety precautions within the right-of- way as further provided in Subsection 21-4.17, including the maintenance of a twenty-four (24) hour emergency contact;
iv. Designate a single point of contact for all purposes hereunder, as well as comply with such other contact and notice protocols as required by this Subchapter or as promulgated by the City Engineer pursuant to this Subchapter;
v. Require that any party performing any work or service in the right-of-way on behalf of the permittee comply with all applicable provisions of this Subchapter as well any other additional local regulations pertaining to the performance of such work and to identify the permittee for whom the contractor is working. Permittee shall be responsible and liable hereunder to the City for any damage to the right-of-way caused by the actions of any such subcontractor or others as if the permittee had performed or failed to perform any such obligation;
vi. Comply in all respects with the requirements of KRS 367.4901, et seq., regarding an excavator's responsibilities pertaining to the location of facilities and the current edition of the Manual on Uniform Traffic Control Devices (MUTCD) regarding property maintenance of traffic during construction; and
vii. Take reasonable steps to provide advance notice to all persons who reside on or adjacent to property where any work or service in the right-of-way is to be performed and attempt to notify such persons prior to entering private property.
h. Utility agency coordination. Each permittee that provides utility services shall:
i. Make technical recommendations to the City Engineer for the efficient implementation of this Subchapter and discuss general issues pertaining to the management of the right-of-way, including, but not limited to, coordination of utility activity in the right-of-way, patching and restoration standards, permitting processes and inspections, the City's annual pavement ratings and plan and other matters pertaining to this Subchapter and the management of the right-of-way; and
ii. Review annual work plans of each utility that involve substantial activity in the right-of-way.
(Ord. BG2020-19, 8/4/2020)